N.Y. Comp. Codes R. & Regs. tit. 1 § 221.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 221.9 - Exemptions

(a) General. Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit (except see section 221.8(d)(3) of this Part. Except where additional exemptions are otherwise provided herein, all metric labeling requirements set forth in these regulations shall apply only to labels revised after the effective date of this Part.

(b) Random packages. A random package bearing a label conspicuously declaring the net weight, the price per kilogram or pound and the total price shall be exempt from the type, size, placement, and free area requirements of this regulation.

(1) In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail. This exemption shall also apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.

(2) In the case of a random package offered for indirect sale (that is, via e-commerce, online, phone, fax, catalogue, or similar methods), neither the price per unit of weight nor the total selling price need appear on the package if:

(i) the unit price is set forth and established in the initial product offering;

(ii) the maximum possible net weight, unit price, and maximum possible price are provided to the customer by order confirmation when the product is ordered; and

(iii) when the product is delivered, the customer receives a receipt bearing the identity, net weight, unit price and total price.

(c) Small confections. Individually wrapped pieces of "penny candy" and other confectionery of less than 15 grams or one half ounce net weight per individual piece shall be exempt from the labeling requirements of this regulation when the container in which such confectionery is shipped is in conformance with the labeling requirements of this regulation. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling requirements of this regulation, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this regulation.

(d) Individual servings. Individual-serving-size packages of foods containing less than 15 grams or one half ounce or less than 15 milliliters or one half fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this regulation.

(e) Cuts, plugs, and twists of tobacco and cigars. When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this regulation, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.

(f) Reusable (returnable) glass containers. Nothing in this regulation shall be deemed to preclude the continued use of reusable (returnable) glass containers; provided, that such glass containers ordered after the effective date of this regulation shall conform to all requirements of this regulation.

(g) Cigarettes and small cigars. Cartons of cigarettes and small cigars, containing 10 individual packages of 20, labeled in accordance with the requirements of this Part shall be exempt from the requirements set forth in section 221.6(b) (location); section 221.6(h) (minimum height of numbers and letters); and section 221.8(d) (multi-unit packages) of this Part; provided that such cartons bear a declaration of the net quantity of commodity in the package.

(h) Packaged commodities with labeling requirements specified in Federal Law. Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, cosmetics, medical devices, over-the-counter drugs, pesticides and alcoholic beverages shall be exempt from those portions of these regulations specifying location and minimum type size of the net quantity declaration, provided, that quantity labeling requirements for such products are specified in Federal Law, so as to follow reasonably sound principles of providing consumer information.

(i) Fluid dairy products, ice cream, and similar frozen desserts:

(1) when packaged in one-half liquid-pint and one-half gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as one-half pint and one-half gallon, respectively;

(2) when measured by and packaged in one-half liquid-pint, one liquid-pint, one liquid-quart, one-half gallon and one gallon measure containers, as defined in Measure Container Code National Bureau of Standards Handbook 44, are exempt from the requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel;

(3) milk and milk products when measured by and packaged in glass or plastic containers of one-half liquid-pint, one liquid-pint, one liquid-quart, one-half gallon, and one gallon capacities are exempt from the placement requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel; provided that other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(j) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water:

(1) when packaged in glass, plastic, or fluid milk type paper containers of 8 and 64 fluid ounce capacity, are exempt from the requirements of section 221.5(j)(2) of this Part, to the extent that net contents of 8 fluid ounces and 64 fluid ounces (or two quarts) may be expressed as one-half pint (or half pint) and one-half gallon (or half gallon), respectively;

(2) when packaged in glass or plastic containers of one-half pint, one pint, one quart, one-half gallon, and one gallon capacities, are exempt from the placement requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel; provided that other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(k) Soft-drink bottles. Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:

(1) dentity, when such declaration appears on the bottle closure; and

(2) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this regulation appears only on the bottle closure.

(l) Multi-unit soft-drink packages. Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:

(1) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside; and

(2) identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.

(m) Butter. When packaged in four-ounce, eight-ounce, and one-pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (section 221.39(a) of this Part) and the net quantity declaration (section 221.6(f) of this Part) be generally parallel to the base of the package. When packaged in eight-ounce and one-pound units, butter is exempt from the requirement for location (section 221.(b) of this Part) of the net quantity declaration of this Part).

(n) Eggs. Cartons containing 12 eggs shall be exempt from the requirement for location (section 221.6[b] of this Part) of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this regulation if the undivided carton conforms to all such requirements.

(o) Flour. Packages of wheat flour packaged in units of 2, 5, 10, 25, 50 and 100 pounds shall be exempt from the requirements in this regulation for location (section 221.6(b) of this Part) of the net quantity declaration of this Part).

(p) Small packages. On a principal display panel of five square inches or less, the declaration of quantity need not appear in the bottom 30 percent of the principal display panel if that declaration satisfies the other requirements of this regulation.

(q) Decorative containers. The principal display panel of a cosmetic marketed in a "boudoir-type" container including decorative cosmetic containers of the "cartridge", "pill box", "compact" or "pencil" variety, and those with a capacity of one-fourth ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this regulation.

(r) Combination packages. Combination packages are exempt from the requirements in this regulation for:

(1) location (section 221.6[b] of this Part);

(2) free area (section 221.6[e] of this Part); and

(3) minimum height of numbers and letters (section 221.6[h] of this Part).

(s) Margarine. Margarine in one pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for location (section 221.6(b) of this Part) of the net quantity declaration of this Part).

(t) Corn flour. Corn flour packaged in conventional 5, 10, 25, 50 and 100 pound bags shall be exempt from the requirement in this regulation for location (section 221.6[b] of this Part) of the net quantity declaration.

(u) Prescription and insulin-containing drugs. Prescription and insulin- containing drugs subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug and Cosmetic Act shall be exempt from the provisions of this Part.

(v) Camera film. Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this regulation which specify how measurement of commodities should be expressed; provided that:

(1) the net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet or meters of usable film contained therein;

(2) the net quantity of contents on packages of exposed movie film is expressed in terms of the running time of the exposed film for that portion of film which is of entertainment value; and

(3) the net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement.

(w) Paints and kindred products.

(1) Tint base paint may be labeled on the principal display panel, as required by this regulation, in terms of a quart or a gallon, including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided that, in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.

(2) Wherever the conditions of paragraph (1) of this subdivision cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.

(x) Pillows, cushions, comforters, mattress pads, sleeping bags, and similar products. Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the Department of Consumer Affairs, Bureau of Household Goods and Services shall be exempt from the requirements for location (section 221.6(b) of this Part); size of letters and numbers (section 221.6(h) and (i) of this Part); free area (section 221.6(e) of this Part); and the declarations of identity and responsibility (section 221.3(a) and section 221.4 of this Part); provided that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this regulation; and further provided that the information on such permanently attached label be fully observable to the purchaser.

(y) Commodities' variable weights and sizes. Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point or retail sale, are exempt from the requirements of section 221.5 of this Part, while moving in commerce and while held for sale prior to weighing and marking; provided that the outside container bears a label declaration of the total net weight.

(z) Packaged commodities sold by count. When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this regulation, except that those containing six or less items need not include a statement of count.

(aa) Metric Units; Consumer Commodities. The requirements for dual declaration in metric units (except for packaged seeds in 221.8(j) of this Part and camera film in 221.9(v) of this Part) shall not apply to:

(1) foods packaged at the retail store level;

(2) meat and poultry products subject to the Federal Meat Products Inspection Act or the Federal Poultry Products Inspection Act;

(3) tobacco or tobacco products;

(4) any beverage subject to the Federal Alcohol Administration Act;

(5) any product subject to the Federal Insecticide, Fungicide, and Rodenticide Act; and

(6) drugs and cosmetics subject to the Federal Food, Drug and Cosmetic Act.

(bb) Customary Units; Consumer Commodities. The requirements for dual declaration in customary units shall not apply to packages that bear appropriate metric units. This exemption does not apply to foods, drugs, cosmetics, or to packages subject to the Federal Fair Packaging and Labeling Act, meat and poultry products subject to the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act; and tobacco or tobacco products. For a list of commodities not within the scope of the Fair Packaging and Labeling Act, see section 2.6.8 in Chapter VI, headed "NCWM Policy, Interpretations, and Guidelines" in National Institute of Standards and Technology Handbook 130, 2020 Edition, as adopted by the 104^th National Conference on Weights and Measures. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(cc) Fishing lines and reels. Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of section 221.5(n)(2)(i) of this Part; provided that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this regulation.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 221.9

Amended New York State Register January 26, 2022/Volume XLIV, Issue 04, eff. 1/26/2022